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Stifel Financial Corporation : Auction Rate Securities
Summary: The original complaint alleges that Stifel Financial Corp. and its subsidiary Stifel, Nicolaus & Company, Inc. violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by deceiving investors about the investment characteristics of auction-rate securities and the auction market in which the securities are traded. Auction-rate securities are municipal or corporate debt securities or preferred stocks that pay interest at rates set through periodic auctions. The instruments typically have long-term maturity dates or no maturity date.

The suit, filed on August 8, claims that, pursuant to uniform sales materials and top-down management directives, Stifel Financial Corp. offered and sold auction-rate securities to the public as highly liquid cash-management instruments and as suitable alternatives to money market mutual funds. On Feb. 13, 2008, all of the major broker-dealers, including Stifel Financial Corp., withdrew their support for the auctions. The suit claims that, as a result, investors have been unable to liquidate their auction-rate securities.

The lawsuit alleges that Stifel Financial Corp. failed to disclose the following material facts about the auction-rate securities it sold to the class: 1) The auction-rate securities were not cash alternatives like money market funds but were instead complex long-term financial instruments with 30-year maturity dates; 2) The auction-rate securities were only liquid at the time of the sale because Stifel Financial Corp and other broker-dealers were artificially supporting and manipulating the market to maintain the appearance of liquidity and stability; 3) Stifel Financial Corp and other broker-dealers routinely intervened in the auctions for their own benefit to set rates and to prevent all-hold auctions and failed auctions, and; 4) Stifel Financial Corp. continued to market auction-rate securities as liquid investments even after Stifel Financial Corp. and other broker-dealers determined that they would likely be withdrawing support for the periodic auctions and that a freeze of the auction rate securities market would result.

On November 17, 2008, the Court appointed The Stifel Group as Lead Plaintiff and approved their selection of Carey & Danis, LLC and Stueve Siegel Hanson, LLP as Co-Lead Counsel. On January 9, 2009, the lead plaintiffs filed a First Amended Class Action Complaint. On March 10, 2009, the defendants responded by filing a motion to dismiss the First Amended Class Action Complaint. On November 16, 2009, the lead plaintiff filed a Second Amended Class Action Complaint. The pending motion to dismiss the First Amended Class Action Complaint has been denied as moot.

INDUSTRY CLASSIFICATION:
SIC Code: 6211
Sector: Financial
Industry: Investment Services


COMPANY/ISSUER NAME: Stifel Financial Corporation
COMPANY/ISSUER TICKER: SF
COMPANY WEBSITE: http://www.stifel.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Joseph A. Merrick, et al. v. Stifel Financial Corporation, et al.
 COURT: E.D. Missouri  DOCKET NUMBER: 08-CV-01167
 JUDGE NAME: Hon. Henry E. Autrey
 DATE FILED: 08/08/2008  SOURCE: 
 CLASS PERIOD START: 06/11/2003  CLASS PERIOD END: 02/13/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Carey & Danis, LLC
      8235 Forsyth - Suite 1100, St. Louis, MO, 63105
       (voice) 314.725.7700, (fax) 314.725.7700,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Petition For Violations Of Federal Securities Laws
    Type: Complaint Date on the document: 8/8/2008
    Notice Of Motion Of Plaintiff Joseph A. Merrick For Appointment Of Joseph A. Merrick And Steven H. Schiding As Lead Plaintiffs, And Approval Of Selection Of Counsel
    Type: Notice Date on the document: 10/14/2008
    Order Appointing The Stifel Group As Lead Plaintiff And Approving Lead Plaintiff's Selection Of Counsel
    Type: Order Appointing LP/LC Date on the document: 11/17/2008

    REFERENCE COMPLAINT
    Joseph A. Merrick, et al. v. Stifel Financial Corporation, et al.
     COURT: E.D. Missouri  DOCKET NUMBER: 08-CV-01167
     JUDGE NAME: Hon. Henry E. Autrey
     DATE FILED: 11/16/2009  SOURCE: 
     CLASS PERIOD START: 08/08/2003  CLASS PERIOD END: 02/13/2008
     TYPE OF COMPLAINT: Second Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Carey & Danis, LLC
      8235 Forsyth - Suite 1100, St. Louis, MO, 63105
       (voice) 314.725.7700, (fax) 314.725.7700,
  • Stueve Siegel Hanson LLP
      460 Nichols Road, Suite 200, Kansas City, MI, 64112
       (voice) 816.714.7100, (fax) 816.714.7101, info@stuevesiegel.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    First Amended Class Action Complaint For Violation Of The Federal Securities Laws
    Type: Complaint Date on the document: 01/09/2009
    Second Amended Class Action Complaint For Violation of the Federal Securities Laws
    Type: Complaint Date on the document: 11/16/2009
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 11/18/2009

     OTHER DOCUMENTS
    Case Name and/or Number: 
    Type:  Date on the document: 

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